- 📜 Income Tax Rules, 2026 — Officially Notified
- 📌 Income Tax Rules 2026 : Overview & Commencement
- 📄 ITR Forms & Return Filing — Rule 164
- 📊 TDS/TCS Returns — New Forms & Due Dates (Rules 218–219)
- 🏠 Valuation of Perquisites — Rule 15
- ⚙️ Depreciation — Rule 25
- 📚 Books of Account & Audit — Rules 46–47
- 🪪 PAN Rules — Allotment, Quoting & Inoperative PAN (Rules 158–162)
- 💳 Electronic Payment Modes — Rules 48 & 133
- 📈 Capital Gains Rules
- 🔗 Transfer Pricing, Safe Harbour & APA (Rules 77–122)
- 🌐 Foreign Tax Credit — Rule 76
- 🔄 New Tax Regime — Exercising the Option (Rule 136)
- 🏛️ Non-Profit Organisations — Rules 181–190
- 📌 Income Tax Rules 2026 :Key Takeaways for CAs, Accountants & Taxpayers
📜 Income Tax Rules, 2026 — Officially Notified
G.S.R. 198(E) | Ministry of Finance, CBDT | Notified: 20 March 2026 | Effective: 1 April 2026
The Central Board of Direct Taxes (CBDT) has officially notified the Income Tax Rules, 2026 vide G.S.R. 198(E) on 20 March 2026. These rules come into force on 1 April 2026 and are made under the powers conferred by Section 533 of the Income Tax Act, 2025. With over 225 rules spanning returns, TDS/TCS procedures, perquisites, depreciation, transfer pricing, PAN compliance, and more — this is the foundational procedural framework for India’s new Income Tax Act. Here is a comprehensive, CA-friendly breakdown of every key rule.
All compliances, forms, ITR filings, TDS returns, and procedural requirements for Tax Year 2026–27 (Assessment Year 2027-28) will be governed by these new rules. Ensure your accounting software, filing systems and client advisory are updated before 1 April 2026.
- Overview & Commencement
- ITR Forms & Return Filing Rules
- TDS/TCS Returns — New Forms & Due Dates
- Valuation of Perquisites (Rule 15)
- Depreciation Rules (Rule 25)
- Books of Account & Audit (Rules 46–47)
- PAN Rules — Allotment & Inoperative PAN (Rules 158–162)
- Electronic Payment Modes (Rules 48 & 133)
- Capital Gains Rules
- Transfer Pricing, Safe Harbour & APA
- Foreign Tax Credit (Rule 76)
- New Tax Regime Option (Rule 136)
- Non-Profit Organisations (Rules 181–190)
- Key Takeaways for CAs & Taxpayers
📌 Income Tax Rules 2026 : Overview & Commencement
The Income Tax Rules, 2026 are the procedural rules framed under Section 533 of the Income Tax Act, 2025. These rules replace the old Income Tax Rules, 1962 and bring the procedural framework in line with the restructured Income Tax Act, 2025.
| Detail | Information |
|---|---|
| Notification Number | G.S.R. 198(E) |
| Notified By | Ministry of Finance, Department of Revenue, CBDT |
| Date of Notification | 20 March 2026 |
| Date of Effect | 1 April 2026 |
| Governing Act | Income Tax Act, 2025 (Act 30 of 2025) |
| Authority | Section 533 of the Income Tax Act, 2025 |
| Total Rules | 225+ Rules covering all areas of income tax procedure |
| Published In | Gazette of India: Extraordinary, Part II — Sec. 3(i) |
The Income Tax Rules are the subordinate legislation framed by CBDT that provide the procedural details for implementing the Income Tax Act — they specify forms, timelines, computation methods, conditions, and procedural safeguards. The Act provides the what (taxability, rates, deductions), while the Rules provide the how (forms to use, deadlines, documents required).
📄 ITR Forms & Return Filing — Rule 164
Rule 164 is one of the most consequential rules — it prescribes which ITR form applies to which taxpayer for tax year commencing 1 April 2026. The familiar form names (SAHAJ, SUGAM) are retained.
ITR Form Eligibility — Quick Reference
| ITR Form | Who Should File | Key Conditions |
|---|---|---|
| ITR-1 (SAHAJ) | Resident Individual (not RNOR) | Salary/pension income; up to 2 house properties (no BF loss); other sources (no lottery/horse race); LTCG u/s 198 not exceeding ₹1.25 lakh. Total income must not exceed ₹50 lakh. |
| ITR-2 | Individual or HUF | No business/professional income. All income types except PGBP. Use when ITR-1 is not applicable due to foreign assets, director status, total income > ₹50 lakh etc. |
| ITR-3 | Individual or HUF | Having income under the head Profits and Gains of Business or Profession (not eligible for ITR-4). |
| ITR-4 (SUGAM) | Individual, HUF or Firm (not LLP) | Presumptive taxation u/s 58. Resident and RNOR. Total income not exceeding ₹50 lakh. LTCG u/s 198 not exceeding ₹1.25 lakh. Max 2 house properties; no BF losses; no foreign assets. |
| ITR-5 | Firms, LLPs, AOP, BOI, Artificial Juridical Persons | Persons other than Individual, HUF, Company, or ITR-7 filers. |
| ITR-6 | Companies | All companies except those required to file ITR-7. |
| ITR-7 | Trusts, Political Parties, Research Associations, Universities | Persons including companies filing returns under specific sections (charitable trusts, political parties, universities, research associations, etc.). |
| ITR-UN | Updated Return (Rule 165) | For filing updated return under section 263(6). Companies must file electronically under digital signature. Others may file electronically. |
Who Cannot File ITR-1?
Under Rule 164(3), the following persons are ineligible for ITR-1 (SAHAJ):
- Has assets (including financial interest in any entity) located outside India
- Has signing authority in any account outside India
- Has income from any source outside India
- Is a director in any company
- Has held any unlisted equity share at any time during the tax year
- Total income exceeds ₹50 lakh
- Has agricultural income exceeding ₹5,000
- Has income taxable as cash withdrawal under section 393(3) Sl. No. 5
- Has any deferred TDS payment under section 391(2) or 392(3)
Who Must File Even Without Taxable Income? — Rule 163
Even if income is below the basic exemption limit, the following persons must file a return of income:
- Current account deposits exceeding ₹1 crore in aggregate
- Foreign travel expenditure exceeding ₹2 lakh
- Electricity consumption exceeding ₹1 lakh
- Business turnover / gross receipts exceeding ₹60 lakh
- Gross professional receipts exceeding ₹10 lakh
- TDS + TCS aggregate ₹25,000 or more (₹50,000 for senior citizens aged 60+)
- Savings account deposits of ₹50 lakh or more in aggregate
📊 TDS/TCS Returns — New Forms & Due Dates (Rules 218–219)
TDS Return Forms Under IT Act 2025
Rule 219 prescribes the new quarterly TDS/TCS statement forms under the Income Tax Act, 2025. These replace the old 24Q, 26Q, 27Q forms used under the 1961 Act:
| Form No. | Applicable Sections (2025 Act) | Equivalent (1961 Act) |
|---|---|---|
| Form 138 | Section 392 (other than 392(7)) and Sec. 393(1) [Sl. No. 8(iii) — specified senior citizen] | Form 24Q (salary TDS) |
| Form 140 | Sections 392(7), 393(1) (other than Sl. 8(iii)) and 393(3) — for resident deductees | Form 26Q (non-salary TDS) |
| Form 142 | VDA (Virtual Digital Asset) — where exchange pays tax on behalf of buyer (Sec. 393(1) [Sl. 8(vi)]) | New form — VDA specific |
| Form 143 | Section 394(1) — TCS | Form 27EQ (TCS) |
| Form 144 | Sections 392(7), 393(2), 393(3) — for non-resident deductees (NR/FC/RNOR) | Form 27Q (NR TDS) |
| Form 141 | Special challan-cum-statement (Rent / Immovable Property / Indiv-HUF Contractor / VDA) | Form 26QB / 26QC / 26QD |
Quarterly TDS Return Due Dates
| Quarter Ending | Due Date for TDS Return |
|---|---|
| 30 June | 31 July of the same financial year |
| 30 September | 31 October of the same financial year |
| 31 December | 31 January of the same financial year |
| 31 March | 31 May of the immediately following financial year |
TDS Payment to Government — Rule 218
The due dates for depositing TDS deducted are as follows:
- Government offices (without challan): Same day as deduction
- Government offices (with challan): Within 7 days from end of month of deduction
- Non-government deductors — March deductions: On or before 30 April
- Non-government deductors — all other months: Within 7 days from end of month of deduction
For TDS on rent by individuals/HUF (Sec. 393(1) Sl. 2(i)), immovable property purchase (Sl. 3(i)), Indiv./HUF contractor/professional payments (Sl. 6(ii)), and VDA transfers (Sl. 8(vi)) — a challan-cum-statement in Form 141 must be furnished within 30 days from end of month of deduction.
🏠 Valuation of Perquisites — Rule 15
Rule 15 provides the method for valuing perquisites under the head “Salaries.” The residential accommodation perquisite rates remain familiar:
Residential Accommodation Perquisite — Employer-Owned
| City Population (2011 Census) | Perquisite Value |
|---|---|
| Cities with population > 40 lakh | 10% of salary (less rent recovered from employee) |
| Cities with population > 15 lakh but ≤ 40 lakh | 7.5% of salary (less rent recovered) |
| Other areas | 5% of salary (less rent recovered) |
| Employer-leased accommodation | Lower of actual lease rent or 10% of salary (less rent recovered) |
| Hotel accommodation (≤ 15 days on transfer) | Exempt |
⚙️ Depreciation — Rule 25
Rule 25 prescribes depreciation rates for block of assets under Section 33(3). Rates are applied on the Written Down Value (WDV) of each block of assets used during the tax year. The depreciation schedule is contained in Appendix I to the Rules.
Existing depreciation blocks under the 1962 Rules continue seamlessly into the new framework. Businesses need not restate asset values — only the rule reference changes from the old 1962 Rules to the new 2026 Rules.
📚 Books of Account & Audit — Rules 46–47
Who Must Maintain Books of Account?
Under Rule 46, every person required to maintain books of account under Section 62(1)(b) must keep records that enable the Assessing Officer to compute total income.
Professionals mandatorily covered: Legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, authorised representative, film artist.
Exemption threshold (professionals): Rule 46(3) — books not required if total gross receipts in the profession do not exceed ₹1,50,000 in any one of the three preceding tax years (or in the case of newly set up professions, if receipts are not likely to exceed that amount).
Books to be Maintained
- A cash book or
- A journal (if accounts maintained on mercantile system), plus a ledger
The audit report required under Section 63 (tax audit) must be furnished in the prescribed form (Form 6B as specified in Rule 171). Auditable cases must furnish this before the return is filed — failing which the return is treated as a defective return under Rule 166.
🪪 PAN Rules — Allotment, Quoting & Inoperative PAN (Rules 158–162)
PAN Application — Rule 158
Applications for PAN must be made in Form No. 93, 94, 95, or 96 as applicable. A common application form notified by Central Government may also be used.
Transactions Requiring PAN — Rule 159
PAN must be quoted or applied for in specified high-value transactions, including:
- Cash deposits/withdrawals aggregating ₹20 lakh or more in a year
- Opening of current account or cash credit account
- Purchase/sale of immovable property above prescribed value
- Contracts for sale/purchase of securities exceeding limits
When PAN Becomes Inoperative — Rule 162
If a person who was allotted a PAN failed to link their Aadhaar number under Section 262(6), their PAN becomes inoperative. To reactivate:
- Pay the applicable fee as per Rule 158
- Intimate the Aadhaar number
- PAN becomes operative again after successful intimation and fee payment
While PAN is inoperative — TDS is deducted at the higher rate (as if no PAN), refunds cannot be processed, and high-value transactions may be flagged. Ensure all clients have linked Aadhaar before 1 April 2026.
💳 Electronic Payment Modes — Rules 48 & 133
Accepted Electronic Payment Modes — Rule 48
For purposes of various deductions and business payment conditions, the following electronic modes are prescribed:
- Credit card
- Debit card
- Net banking
- IMPS (Immediate Payment Service)
- UPI (Unified Payment Interface)
- RTGS (Real Time Gross Settlement)
- NEFT (National Electronic Funds Transfer)
- BHIM (Bharat Interface for Money) Aadhaar Pay
- Tier-III Full KYC Central Bank Digital Currency (CBDC)
Mandatory Digital Payment Facility — Rule 133
Every person carrying on business or profession whose total sales, turnover or gross receipts exceed ₹50 crore during the immediately preceding tax year is required to provide facilities for:
- Debit Card powered by RuPay
- UPI (BHIM-UPI)
- UPI QR Code
This is in addition to any other electronic payment modes already provided.
📈 Capital Gains Rules
Period of Holding — Rule 6
Rule 6 prescribes how the period of holding of capital assets is determined in special situations:
- Shares/debentures acquired on conversion: Period of holding includes the period for which the original bond/debenture/deposit was held before conversion.
- Income Declaration Scheme 2016 assets: Immovable property — from date of registered deed; other assets — from 1 June 2016.
- Assets of foreign company’s Indian branch on conversion to subsidiary: Period includes holding by the foreign branch.
Significant Economic Presence — Rule 13
For purposes of Section 9(9)(d), the thresholds for Significant Economic Presence (SEP) of non-residents in India are:
- Aggregate payments from transactions with persons in India: ₹2 crore in a tax year
- Number of users engaged in systematic/continuous business activities in India: 3,00,000
🔗 Transfer Pricing, Safe Harbour & APA (Rules 77–122)
Arm’s Length Price (ALP) Methods — Rules 77–82
Rules 77–82 prescribe the methods for determining Arm’s Length Price in international transactions and specified domestic transactions. The methods include:
- Comparable Uncontrolled Price (CUP)
- Resale Price Method (RPM)
- Cost Plus Method (CPM)
- Profit Split Method (PSM)
- Transactional Net Margin Method (TNMM)
- Any other method prescribed by CBDT (Rule 78)
Safe Harbour Rules — Rules 86–102
Safe harbour rules reduce litigation by allowing taxpayers to declare certain income at pre-defined margins without TP scrutiny. Key eligible transactions include:
- IT/ITES services to associated enterprises
- Intra-group loans at specified interest rates
- Corporate guarantees
- Contract R&D services
- Core and non-core auto component manufacturing
- Data centre services
- Purchase of milk/milk products (domestic safe harbour)
Advance Pricing Agreements (APA) — Rules 103–122
The APA framework is continued under Rules 103–122. APAs provide certainty on TP for a period of up to 5 years. Key provisions:
- Pre-filing consultation is mandatory (Rule 105)
- Application made in prescribed form (Rule 106)
- Roll-back provision for 4 preceding years available (Rule 111)
- Annual compliance report must be submitted (Rule 113)
- Bilateral and multilateral APAs also governed (Rule 122)
Country-by-Country Reporting (CbCR) — Rules 123–125
Rules 123–125 prescribe maintenance and furnishing of Master File, Local File, and CbCR under Section 511. These apply to constituent entities of international groups meeting the threshold.
🌐 Foreign Tax Credit — Rule 76
Rule 76 prescribes the manner of claiming Foreign Tax Credit (FTC) by resident assesses:
- Credit is available in the tax year in which the corresponding income is offered to tax or assessed in India
- If income is offered across multiple years, FTC is apportioned proportionately
- FTC is available against tax, surcharge and cess — not against interest, fee or penalty
- FTC on disputed foreign tax is not available until the dispute is settled
- Credit cannot exceed Indian tax payable on the foreign income
- Claim must be filed along with return of income
🔄 New Tax Regime — Exercising the Option (Rule 136)
Rule 136 specifies how taxpayers exercise or withdraw their option for the new tax regime. The option is exercised in the return of income (not separately) for each tax year. Categories covered:
- Manufacturing domestic company (Section 199(3))
- Domestic company (Section 200(5))
- New manufacturing domestic company (Section 201(2))
- Individuals, HUF, AOP, BOI, artificial juridical persons (Section 202(4))
- Resident co-operative society (Section 203(5))
- New manufacturing co-operative society (Section 204(2))
Unlike the previous regime under 1962 Rules where some categories needed a separate Form 10-IE before filing, under the 2026 Rules the option is simply exercised within the ITR itself. Verify your tax software captures this correctly.
🏛️ Non-Profit Organisations — Rules 181–190
Rules 181–190 govern registration and compliance for registered non-profit organisations (NPOs) under the Income Tax Act, 2025:
- Rule 181: Common application for registration (Section 332) or approval for deduction (Section 354). Form 104 (provisional) or Form 105 (regular) to the appropriate Commissioner or CIT(CPC).
- Rule 182: Computation of income from commercial activities under Sections 335(e), 336(e), 337(e).
- Rule 185: Annual statement of financial transactions (Form No. to be prescribed) under Section 342.
- Rule 187: Books of account — NPOs must maintain complete books as specified.
- Rule 188: Audit report under Section 348 to be submitted in prescribed form.
- Rule 190: Certificates to be furnished for donations received.
📌 Income Tax Rules 2026 :Key Takeaways for CAs, Accountants & Taxpayers
| Area | What Changed / What to Do | Rule |
|---|---|---|
| Effective Date | All new rules apply from 1 April 2026 (Tax Year 2026-27) | Rule 1 |
| ITR Forms | Form names unchanged (SAHAJ, SUGAM). Eligibility conditions now under Rule 164 of IT Rules 2026 instead of old Rule 12 of IT Rules 1962 | Rule 164 |
| TDS Returns | New form numbers: 138 (salary), 140 (non-salary resident), 143 (TCS), 144 (NR), 141 (challan-cum-statement). Update TDS software. | Rule 219 |
| TDS Due Dates | Q1: 31 July | Q2: 31 Oct | Q3: 31 Jan | Q4: 31 May — unchanged in practice | Rule 219 |
| PAN-Aadhaar | Inoperative PAN must be reactivated — pay fee + link Aadhaar. Do this for all clients before 1 April 2026. | Rule 162 |
| Books of Account | Professionals below ₹1.5 lakh receipt threshold exempt from maintaining specified books | Rule 46 |
| New Tax Regime | Option exercised in ITR itself — no separate form required | Rule 136 |
| Electronic Payments | Businesses with turnover >₹50 crore must accept RuPay + BHIM-UPI + UPI-QR | Rule 133 |
| Updated Return | Form ITR-UN — file digitally (all cases) | Rule 165 |
| Defective Return | Return is defective if audit report not submitted, or fields not filled. Cure within 15 days of notice. | Rule 166 |
| Safe Harbour TP | Margins and thresholds under Rules 86–101 continue for AY 2027-28 | Rules 86–101 |
| VDA (Crypto) TDS | Exchanges can pay TDS on behalf of buyers — file in new Form 142 | Rule 219 |
Need Help Transitioning to the New IT Rules 2026?
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